PRE RE SE F N T O A E T

S I

V

U E

S Congressional Record O H th PLENARY PROCEEDINGS OF THE 17 CONGRESS, FIRST REGULAR SESSION 1 P 907 H S ILIPPINE House of Representatives

Vol. 4 Wednesday, May 31, 2017 RCW No. 1

MEETING OF THE Remember Your people as they run barefooted, hungry COMMITTEE OF THE WHOLE HOUSE and thirsty to escape the terror that exploded in the heart of their city. Guide the mothers who are looking CALL TO ORDER for their children. Comfort the widows who mourn for their husbands. Appease the babies who are confused, At 9:00 a.m., the Chairman, Rep. Rodolfo C. shocked and shaking. Fariñas, called the meeting to order. We know God Most Gracious that it is You who will separate the good from the evil. It is You who will THE CHAIRMAN (Rep. Fariñas). The meeting of protect the poor from being abused. It is You who will the Committee of the Whole House is called to order. shield the victims from being mocked. Loving God, help us in our fear and uncertainty. NATIONAL ANTHEM Bless us with the knowledge that we are secure in Your love. Strengthen all of those who work for peace. THE CHAIRMAN (Rep. Fariñas). Please all rise Ameen. for the singing of the Pambansang Awit. Yarab phal alla meen.

Everybody rose to sing the Philippine National THE CHAIRMAN (Rep. Fariñas). The Anthem. Secretary ...

THE CHAIRMAN (Rep. Fariñas). Please remain REP. BONDOC. Mr. Chairman. standing for the Invocation to be given by Deputy Speaker Bai Sandra Sinsuat A. Sema. THE CHAIRMAN (Rep. Fariñas). The Dep. Majority Leader is recognized. Everybody remained standing for the Invocation. ROLL CALL INVOCATION REP. BONDOC. Mr. Chairman, I move that we call REP. SEMA. Bismillahirrahmanirrahim. In the the roll of Members of the Committee of the Whole name of Allah, the most merciful, the most beneficent. House. Praise be to the Lord of the Universe who has created I so move, Mr. Chairman. us and made us into tribes and nations that we may know each other, not that we may despise each other. THE CHAIRMAN (Rep. Fariñas). Is there any If the enemy inclines towards peace, do thou also objection? (Silence) The Chair hears none; the motion incline towards peace, and trust in God for the Lord is is approved. one that hears and knows all things. And the servants The Speaker of the House of Representatives is of God Most Gracious are those who walk on the here. Please proceed with the calling of the roll of earth in humility, and when we address them, we say, Members. “Peace.” Almighty God, grant us the wisdom as we lead our The Secretary General called the roll, and the result people towards the path of peace and righteousness. is reflected in Journal No. 97, dated May 31, 2017. The Open our eyes that we may see Your light as we names of the House Members are called up to Rep. Jose pass through one of the darkest roads of our journey. Christopher Y. Belmonte.*

* See ANNEX (printed separately) 2 Congressional Record • 17th Congress 1RS v.4 WEDNESDAY, MAY 31, 2017

THE CHAIRMAN (Rep. Fariñas). Sec. Gen., hold session in this Committee of the Whole in order that it. Please allow all the resource persons to come in while we can facilitate our proceedings, only to facilitate it. It we are calling the roll. The resource persons, you can does not mean that we are free here to violate the rules pass here. Let them pass here. Come on, dito na. They especially on decorum. can pass here. The reason we are having a Committee of Having said that, let us now appoint—the Chair the Whole is to do away with the technicalities so that designates a temporary or Acting Majority Leader to we can move faster. So, let them come in now. facilitate our proceedings and he is designating Rep. Please proceed. Juan Pablo “Rimpy” P. Bondoc, the Sr. Dep. Majority Leader, as the acting Majority Leader for our meeting. The Secretary General proceeded in calling the He will be responsible to call the invited persons who roll of Members. will make a report and respond to the queries from Members of the House. THE SECRETARY GENERAL. The Speaker is The Members who wish to interpellate or ask present. clarificatory questions shall register, as our usual The roll call shows that 135 Members responded practice, with the Majority Leader. to the call. We shall now proceed to the presentation and adoption of ground rules. THE CHAIRMAN (Rep. Fariñas). With 135 In order for us to have a more organized meeting, Members present, the Chair declares the presence of a we will set some ground rules. The Chair proposes the quorum. For purposes of the Committee, the quorum following: needed is only one-fifth of all the Members. 1. To allow the guest resource persons to finish Good morning, Mr. Speaker, esteemed Members of their briefings first before a Member may propound this august Chamber, our resource persons, ladies and clarificatory questions. gentlemen. Welcome to the first-ever Committee of the 2. To give each Member a period of five minutes Whole in this present Congress. to interpellate and pose clarificatory questions to Today, we are meeting as a Committee of the our resource persons. A second round may be had, if Whole to conduct a briefing by the various departments necessary, where the same time rule will apply. of the Executive Department and to deliberate on the 3. To hold the meeting and set the time of report of the President relative to Proclamation No. adjournment at three o’clock this afternoon to give way 216, dated May 23, 2017, entitled: DECLARING A to our regular session by 4:00 p.m. The Committee shall STATE OF MARTIAL LAW AND SUSPENDING THE suspend the meeting at 12 noon for lunch and resume PRIVILEGE OF THE WRIT OF HABEAS CORPUS by 1:00 p.m. IN THE WHOLE OF MINDANAO. 4. To approve the report of the Committee to be Order in the hall, please. I demand silence. While presented to the House for action. we are meeting as a Committee, let us still observe The Acting Majority Leader is recognized. decorum. This Representation is a stickler for rules. I am the Chairman of the Committee on Rules and I will REP. BONDOC. Mr. Chairman, I move that we implement the rules strictly. adopt the ground rules as proposed by the Chairman Rule number one, nobody passes between the himself. Speaker and the person having the floor. So, anybody I so move, Mr. Chairman. who crosses that line, I will call him into his place. Please observe that especially during our sessions THE CHAIRMAN (Rep. Fariñas). It has been because it has become a practice of everybody to just be moved and seconded to adopt the rules as presented crossing around across Members. Please do not do that, by the Chair. that is not allowed by the rules, and please be quiet. Are there any discussions, amendments and Sergeant-at-Arms, kindly take note of anyone not objections? (Silence) The Chair hears none; the motion observing the rule in silence and advise them to go out is approved. of the hall. Maganda kapag tahimik tayo. Okay. We will now have the acknowledgment of the invited As we all know, the President declared martial resource persons after which the honorable Speaker of the law in the country and we have a constitutional duty House will address the Committee of the Whole. to accept his report. Pursuant to the Constitution, the The Secretary General is recognized. President has submitted his report personally to the Speaker of the House of Representatives and to the THE SECRETARY GENERAL. Your Honors, our President of the Senate within 48 hours. Pursuant to invitees who gave confirmation to appear in today’s the Constitution, we are doing our mandate to listen to hearing of the Committee of the Whole are: Hon. the report of the President. We are doing it in executive Salvador C. Medialdea, Executive Secretary, along with WEDNESDAY, MAY 31, 2017 17th Congress 1RS v.4 • Congressional Record 3 his Deputy Executive Secretaries and Undersecretaries; we have AFP Chief of Staff, General Eduardo M. Año, Hon. Mark A, Villar, DOJ Secretary, I mean, DPWH represented by the Vice Chief of Staff, Lt. General Secretary, sorry about that. Salvador Melchor B. Mison.

THE CHAIRMAN (Rep. Fariñas). DPWH THE CHAIRMAN (Rep. Fariñas). Where is Secretary, okay. General Año and General Mison?

THE SECRETARY GENERAL. Hon. Silvestre H. HON. MISON. General Año is in Mindanao also, Sir. Bello of the DOLE is represented by Acting Secretary Claro A. Arellano; Hon. Delfin N. Lorenzana, DND THE CHAIRMAN (Rep. Fariñas). In? Secretary, along with the Undersecretaries and Assistant Secretaries; Hon. Judy M. Taguiwalo is not present; she HON. MISON. In Mindanao, Sir. confirmed her attendance but … THE SECRETARY GENERAL. We also have THE CHAIRMAN (Rep. Fariñas). Secretary confirmed, Hon. Paulyn Jean B. Rossel-Ubial, DOH Taguiwalo is on her way here. She went to Iligan the Secretary with Usecs and Directors. Those are the other day based on a concern of Deputy Speaker Bai ones who confirmed their attendance and we will Sema for people in Marawi who were requesting that acknowledge the rest as they submit their names, Your they be given P500 each instead of canned goods and, Honor. in the spirit of Ramadan, they wanted that they just be given money because they can readily buy food that is THE CHAIRMAN (Rep. Fariñas) . All those who available in their areas. So, she went to Iligan yesterday were invited and did not show up, please let them and she is on her way back here now to the hall. She explain why they failed to show up despite the notice. personally saw the distribution of cash assistance to the refugees. THE SECRETARY GENERAL. Secretary Wanda Please read. Teo is on…

THE SECRETARY GENERAL. Hon. Hermogenes THE CHAIRMAN (Rep. Fariñas). If they do not C. Esperon, National Security Adviser; … appear here, then we can move for the Speaker to issue subpoenas to them. In fact, they should be here because this THE CHAIRMAN (Rep. Fariñas). Absent? is a report of the President and we are here to listen to it.

THE SECRETARY GENERAL. He confirmed THE SECRETARY GENERAL. Mr. Chairman, attendance. He is not yet present, Sir. also those who are present are: Secretary Wanda Hon. Jose Luis Martin C. Gascon, represented by Corazon T. Teo, Department of Tourism, ... Commissioner Leah Tanodra-Armamento, Commission on Human Rights; Hon. Datu Abul Khayr Alonto, THE CHAIRMAN (Rep. Fariñas). Yes, she was Secretary, Mindanao Development Affairs; PNP one of the first to be here. Director General Ronald M. Dela Rosa, represented by General Ramon C. Apolinario. THE SECRETARY GENERAL. …and Hon. Alfonso G. Cusi, Department of Energy, and Governor THE CHAIRMAN (Rep. Fariñas) . Where is the Mujiv S. Hataman of the ARMM. Chief PNP? THE CHAIRMAN (Rep. Fariñas). Welcome, HON. APOLINARIO. Sir, the Chief PNP is in Mr. Executive Secretary and the other heads of the Mindanao, but he is trying to get a flight going back. Departments. We will now listen to the address of the honorable THE CHAIRMAN (Rep. Fariñas). Where is he? Speaker, as he wants to address the Committee of the Whole. HON. APOLINARIO. In Mindanao, Sir. The Speaker is recognized.

THE CHAIRMAN (Rep. Fariñas). Okay. OPENING STATEMENT OF THE SPEAKER

THE SECRETARY GENERAL. We have also THE SPEAKER. Mr. Chairman, distinguished Justice Mariano C. Del Castillo of the Supreme Court Members of the House of Representatives, colleagues and Court Administrator, Hon. Jose Midas P. Marquez; and friends, good morning. 4 Congressional Record • 17th Congress 1RS v.4 WEDNESDAY, MAY 31, 2017

We have convened here today to discuss an urgent minutes suspension of the meeting to allow the matter, the resolution of which has lasting implications Secretariat to prepare the list of those who will be giving on the security of our nation and the well-being of us the briefing this morning. our people. Given what has happened, a strategic and I so move, Mr. Chairman. decisive response is necessary so that we may rise up to the perilous challenges of the occasion at hand. We THE CHAIRMAN (Rep. Fariñas). No more, no have to do this not only because the dangers we face more. Let us proceed. have devastated the lives of thousands. We have to do We now recognize Exec. Sec. Salvador C. this not only because these threats can easily spill over Medialdea to proceed with his briefing and he will and engulf the rest of the nation in flames. We have to be given the floor to ask anybody from the Executive do this because it is the right thing to do. Department to help him conduct his briefing. My fellow colleagues, let us remember that how Executive Secretary Medialdea is recognized. we decide today will determine the trajectory of our response to the grave threats posed by terror groups, HON. MEDIALDEA. Honorable Speaker, Members the Mautes included, that has rampaged the peaceful of this great House, good morning. city of Marawi and the people of Mindanao. Will Allow us to express our appreciation for giving us our collective response extend a helping hand to our the opportunity to share with this honorable Body the Commander-in-Chief and consequently empower him facts and circumstances leading to President Rodrigo to decisively destroy the delusional terror dreams of Roa Duterte’s issuance of Proclamation No. 216 on these extremist groups, or will our response be to view May 23, 2017. the occasion from ivory towers, while disconnected Prior to assumption of office of President Duterte, from the realities on the ground, and choose to chain Mindanao has had a long and complex history of the hands of the President at a time when he needs our lawless violence perpetrated by private armies, local full support the most? warlords, bandits, criminal syndicates, terrorist groups While we understand the reservations of some with and religious extremists, states of violence and lawless martial law, let us view the situation not exclusively from acts across many parts of Mindanao, including hostage the perspective of the past. Our present Constitution taking and murder of innocent civilians, bombing of provides sufficient safeguards to prevent abuses by power transmissions, highway robberies, extortion, agents of the State. Moreover, we give the public our attacks on military outposts, assassination of media assurance that we are keeping a watchful eye on the people and mass jailbreak. unfolding of events and will step-in as a counterbalance, During his campaign speeches, candidate Duterte should and when the need arises. has expressed concern on his fear on violent extremism Our support for the declaration of martial law, fast creeping in Mindanao. On August 30, 2016, however, should not be interpreted in a way that 15 soldiers were killed in a skirmish with the Abu views the problem as one that can be settled purely Sayyaf group in Patikul. On September 4, 2016, through military might. The situation is far more 14 innocent people were killed and 67 others badly complex. Besides military action, we have to address injured in a bombing incident in a night market in the historical, social, economic and political roots of Davao City. These unfortunate events led to the the problem. After all, the most potent weapon against issuance of Proclamation No. 5, declaring a state of terrorism, insurgency and rebellion is nation building. national emergency on account of lawless violence Colleagues, let us extend to the President the aid in Mindanao. which he needs. Let us also do our part and legislate On May 23, 2017, lawless armed groups took up lasting solutions to the problems we face. We owe arms and committed public uprising against the duly this to the people of Marawi City. We owe this to the constituted government and against the people of people of Mindanao. We owe this to the people of the Mindanao for the purpose of removing Mindanao— Philippines. starting with the city of Marawi, Lanao del Sur—from Thank you, good morning and may God bless our its allegiance to the government and its laws, depriving nation. the Chief Executive of his powers and prerogatives to enforce the laws of the land and to maintain public order THE CHAIRMAN (Rep. Fariñas). Thank you. and safety in Mindanao to the great damage, prejudice You may applaud. (Applause) Thank you, Mr. Speaker. and detriment of the people therein and the nation as Baka akala ninyo bawal pumalakpak. Thank you, Mr. a whole. Speaker. The text of the proclamation reads … The Acting Majority Leader is recognized. Can we look at the monitor please? Would you want us to read? The Proclamation goes, “WHEREAS, REP. BONDOC. Mr. Chairman, I ask for a few Proclamation 55, series of 2016 …” WEDNESDAY, MAY 31, 2017 17th Congress 1RS v.4 • Congressional Record 5

THE CHAIRMAN (Rep. Fariñas). Mr. Executive THE CHAIRMAN (Rep. Fariñas). Thank you. Secretary, perhaps we can just insert that in the Please proceed, Mr. Executive Secretary. Record? Anyway, the proclamation is already of public knowledge. Let us just insert the proclamation and we HON. MEDIALDEA. On May 23, 2017, at 10 will distributed it to the Members to save time. o’clock in the evening, Philippine time, and five o’clock in the afternoon, Moscow time, President Duterte issued HON. MEDIALDEA. Okay. Thank you, Sir. Proclamation No. 216. We have rendered a report to the Speaker of the THE CHAIRMAN (Rep. Fariñas). Please proceed. House on May 25 at 9:55 p.m. in compliance with the Constitutional requirements. REP. LAGMAN. Excuse me, Mr. Speaker, Mr. Chairman, we are now ready to answer Presiding Officer. questions from the Body. Excuse me, may we request Sr. Dep. Exec. Sec. THE CHAIRMAN (Rep. Fariñas). Hold it, Your Menardo I. Guevarra to present some highlights prior Honor, the Executive Secretary has the floor. But what to the issuance of Proclamation No. 216. is the pleasure of the Gentleman? THE CHAIRMAN (Rep. Fariñas). Please proceed, REP. LAGMAN. Well, in regular Committee Secretary Guevarra. hearings and meetings, we place the resource persons under oath. Are we going to follow the same procedure HON. GUEVARRA. Thank you, Mr. Chairman, in our proceedings at the Committee of the Whole? and good morning, ladies and gentlemen. Please allow me to highlight the most important THE CHAIRMAN (Rep. Fariñas). We shall do portions of the report of the President which was given that. to each Member, rather, to each chamber of Congress, on May 25, 2017. REP. LAGMAN. Then, we must do it so we can be Copies of the President’s report were received by briefed on the truth but nothing but the truth. the Senate President and by the Speaker of the House, respectively, at 9:55 in the evening of May 25, within THE CHAIRMAN (Rep. Fariñas). Per the point that 48-hour limitation provided under Section 18, raised by the Gentleman and in accordance with our Article VII of the Philippine Constitution. So, we Rules, may we ask all the resource persons to please presume that each Member of this august Body had been rise and take their oath of office, but anyway, they provided a copy of the report, so I will just proceed with already took an oath but can they not be under that the most important aspects of that report. same oath since they are public officers? Okay. Please First, in the President’s report, he pointed out that take an oath. All of you, please, those who will speak Mindanao has been the hotbed of violent extremism in and will be asked—lahat na po para sabay-sabay. Kung a brewing rebellion for decades, and that in more recent iyong mga matatawag mamaya ay—ang pleasure ng the years, we have witnessed the perpetration of numerous Gentleman from Albay is that all testimonies here will acts of violence challenging the authority of the duly be given under oath, so let it be so. constituted government such as the Zamboanga siege, The Secretary General is recognized. the Davao bombing, the Mamasapano carnage, and the bombings in Cotabato, Sultan Kudarat, Sulu, and All the resource persons rose to take their oath. Basilan, among others. Two armed groups have figured prominently in all of these, namely: the Abu Sayyaf THE SECRETARY GENERAL. Please raise your Group or ASG, and the ISIS-backed Maute group. right hand. Second, based on verified intelligence reports, the Maute group, as of the end of 2016, consisted of THE CHAIRMAN (Rep. Fariñas). Humarap po kayo around 263 members, fully armed, had prepared to dito, nasa likod po iyong pinanunumpaan po ninyo. wage combat in furtherance of its aims. The group chiefly operates in the province of Lanao del Sur but All the resource persons faced the Philippine flag. has extensive networks and linkages with foreign and local armed groups such as the Jemaah Islamiyah, the OATH Mujahideen Indonesia Timur and the ASG. It adheres to the ideals being espoused by the Daesh, HOR ISIS, as I, ______, do hereby solemnly swear, to tell evidenced by, among others, the publication of a video the whole truth, and nothing but the truth at these footage declaring its allegiance to the Daesh. Reports proceedings. So, help me God. also abound that foreign-based terrorist groups, the ISIS 6 Congressional Record • 17th Congress 1RS v.4 WEDNESDAY, MAY 31, 2017 or Islamic State of Iraq and Syria, in particular, as well information that you may be sharing with us are as illegal drug money, provide financial and logistical sensitive or involving national security, please advise support to the Maute group. the Chair; otherwise, we take it that these are all for Third, the events leading to the declaration of public dissemination. martial law on May 23 are detailed on pages four and Please proceed. five of the report submitted to the Senate and to the House of Representatives. Considering that each one HON. GUEVARRA, reading: of you is presumably in possession of a copy of this report, in the interest of time, I will dispense with the General Order No. 1, Implementing reading of the detailed series of incidents that happened Proclamation No. 216, dated May 23, 2017. starting in the afternoon of May 23 until the President WHEREAS, Proclamation No. 216, series decided to declare martial law at around 10 o’clock in of 2017, placed under martial law for a period the evening of May 23. not exceeding 60 days, the Mindanao group Fourth, the President pointed out in the report that of islands and suspended the privilege of the the cutting of vital lines of transportation and power, writ of habeas corpus therein for a similar the recruitment of young Muslims to further expand period; their ranks and strengthen their forces, the armed WHEREAS, by virtue of said proclamation, consolidation of their members throughout Marawi the President as the Commander-in-Chief City, the decimation of a segment of the city population of all the Armed Forces of the Philippines is who resisted and the brazen display of the Daesh flag constitutionally bound to exercise his powers constituted a clear, pronounced and unmistakable and prerogatives under the Constitution in intent to remove Marawi City and eventually the rest of order to suppress lawless violence, invasion or Mindanao from its allegiance to the government. rebellion in the whole of Mindanao, as required Fifth, the taking up of arms by lawless armed groups by public safety; and in the area with support being provided by foreign- WHEREAS, it is imperative to call upon based terrorists and illegal drug money, and their the Armed Forces of the Philippines to prevent blatant acts of defiance which emboldened other armed and suppress acts of rebellion in the whole groups in Mindanao have resulted in the deterioration of Mindanao and to immediately carry out of public order and safety in Marawi City. They have necessary and appropriate actions and measures likewise compromised the security of the entire island to deal with the situation. of Mindanao. NOW, THEREFORE, I, RODRIGO ROA For all of these, the President states: DUTERTE, President of the Philippines, by virtue of the powers vested in me by the While the government is presently Constitution as Commander-in-Chief of all the conducting legitimate operations to address Armed Forces of the Philippines, do hereby the ongoing rebellion, if not the siege of order the following: invasion, public safety necessitates the SECTION 1. Directive to the AFP. The continued implementation of martial law and Armed Forces of the Philippines is hereby the suspension of the privilege of the writ of ordered to fully implement Proclamation No. habeas corpus in the whole of Mindanao until 216, declaring martial law in Mindanao and such time that the rebellion is completely suspending the privilege of the writ of habeas quelled. corpus therein for a period not exceeding 60 days; Ladies and gentlemen, after the report was SECTION 2. Mindanao Martial Law submitted to both Chambers of the House, the President Administrator and Implementor. The Secretary immediately issued General Order No. 1, implementing of National Defense is hereby designated as Proclamation No. 216. This was signed by the President the administrator of martial law in Mindanao on May 30, 2017. And for the information of this and the Chief of Staff of the Armed Forces honorable House, if you will please permit me to read of the Philippines shall be the implementor this two-page General Order because this has not been, thereof. I understand, published and announced to the public SECTION 3. Scope and Authority. The as yet. Armed Forces of the Philippines shall undertake all measures to prevent and suppress all acts of THE CHAIRMAN (Rep. Fariñas). Please proceed. rebellion and lawless violence in the whole May I just inform the honorable Executive of Mindanao including any and all acts in Secretary that if, at any point in time, you deem that relation thereto, in connection therewith or in WEDNESDAY, MAY 31, 2017 17th Congress 1RS v.4 • Congressional Record 7

furtherance thereof to ensure national integrity exercise prudence in the performance of and continues exercise by the Chief Executive their duties, so as not to compromise the of his powers and prerogatives to enforce the security and safety of the armed forces and law of the land and to maintain public order law enforcement personnel and enable them and safety. to effectively discharge their duties and their Further, the AFP and other law enforcement functions under this Order. agencies are hereby ordered to immediately Section 7. The martial law administrator arrest or cause the arrest of persons and/or may issue further guidelines to implement the groups who have committed, are committing provisions of this Order subject to the limits or attempting to commit the above-mentioned set forth in the Constitution and other relevant acts. laws, rules and regulations. SECTION 4. Limits. The martial law administrator, the martial law implementor, Section 8 and Section 9, deal with separability and the Armed Forces of the Philippines and other effectivity. Signed by the President on 31 May 2017. law enforcement agencies shall implement I now invite my colleagues in the Executive this Order, within the limit prescribed by Department, who may wish to supplement the the Constitution and existing laws, rules and report … regulations. More specifically, a state of martial law does HON. MEDIALDEA. Mr. Chair. not suspend the operation of the Constitution nor supplant the functioning of the civil courts HON. GUEVARRA. … to take the floor. or legislative assemblies nor authorize the conferment of jurisdiction on military courts HON. MEDIALDEA. Mr. Chair. and agencies over civilians where civil courts are able to function. THE CHAIRMAN (Rep. Fariñas). What is the During the suspension of the privilege of pleasure of the Gentleman? the writ of habeas corpus, any person arrested or detained by virtue thereof shall be judicially HON. MEDIALDEA. May I request that the charged within three days, otherwise, he shall Members be provided copies of the General Order. be released. SECTION 5. Protection of Constitutional THE CHAIRMAN (Rep. Fariñas). Since that Rights. In the implementation of this Order, is already part of the Record, the Chair directs that the constitutional rights of the Filipino copies of General Order No. 1 be furnished to the people shall be respected and protected at Committee. all times. Your Honors, the proceeding that we are doing The Commission on Human Rights is today is hearing the report of the President because hereby enjoined to zealously exercise its it is our constitutional duty to hear the report of the mandate under the 1987 Constitution and to President on the proclamation of martial law. Indeed, aid the Executive in ensuring the continued as aptly pointed out by the Speaker, it is not the duty of protection of the constitutional and human the President to hear us when it comes to martial law. rights of all citizens. It is our duty to hear him about his report. So, he does The Departments of Social Welfare not have to listen to us. It is not his duty to listen to us. and Development, Education, and Health, It is our duty to listen to him through his report. But among others, shall exert all efforts once we hear his report and this Congress jointly acts, to ensure the safety and welfare of all for example, if this Congress jointly says, “We revoke displaced persons and families, especially the proclamation,” it shall be the duty of the President the children. to obey Congress. Ganoon po iyan. SECTION 6. Role of Other Government Tama rin si Presidente. It is not his duty to listen Agencies and the Media. All other government to the Legislative now. He listens to the AFP and to agencies are hereby directed to provide full the police about martial law. But once Congress gives support and cooperation to attain the objectives its decision to revoke the proclamation, it will be his of this Order. constitutional duty to obey the order of Congress. The role of the media is vital in ensuring Mr. Executive Secretary, you are in control of the the timely dissemination of true and briefing. So, if you deem it already complete, then the correct information to the public. Media Chair will open the floor for interpellations. But please, practitioners are therefore requested to as agreed upon in our ground rules, conduct your 8 Congressional Record • 17th Congress 1RS v.4 WEDNESDAY, MAY 31, 2017 briefing now, or if you wish, it will come as questions LAW AND SUSPENDING THE PRIVILEGE OF are asked. THE WRIT OF HABEAS CORPUS IN THE WHOLE OF MINDANAO, be approved in principle by this HON. MEDIALDEA. Mr. Chairman, Sir, the Committee, subject to style. Armed Forces of the Philippines will present its I so move, Mr. Chairman. briefing. We would like to request for an executive briefing. THE CHAIRMAN (Rep. Fariñas). Is there a second to the motion? VIVA VOCE VOTING Voice (Inaudible). I second the motion. THE CHAIRMAN (Rep. Fariñas). There is a request here for an executive briefing. THE CHAIRMAN (Rep. Fariñas). With the motion As many as are in favor of an executive briefing, duly seconded, a resolution will be passed expressing please say aye. the sense and support of the House that there is no need for the revocation of Presidential Proclamation No. 216, SEVERAL MEMBERS. Aye. subject to style.

THE CHAIRMAN (Rep. Fariñas). As many as are REP. EVARDONE. Mr. Chairman, parliamentary against, please say nay. inquiry.

FEW MEMBERS. Nay. THE CHAIRMAN (Rep. Fariñas). The Gentleman from Samar is recognized. SUSPENSION OF THE MEETING REP. EVARDONE. Why the approval in THE CHAIRMAN (Rep. Fariñas). The ayes have principle? it. The Chair declares a recess and orders the Sergeant- at-Arms to clear the galleries and the hall of those THE CHAIRMAN (Rep. Fariñas). It would whose presence is not needed here. be subject to style—only the style, the wording, everything. At this juncture, the Committee of the Whole House proceeded to an executive session. REP. LAGMAN. If the principle will be subject to style, I object, Mr. Chairman. It was 9:48 a.m. THE CHAIRMAN. Sir, the … RESUMPTION OF MEETING REP. TINIO. I object, Mr. Chairman. At 3:40 p.m., the meeting was resumed. THE CHAIRMAN (Rep. Fariñas). The Gentleman’s THE CHAIRMAN (Rep. Fariñas). The Minority comment is that the principle will be subject to style, Leader will please proceed. that the approval will be subject to style. There was a You can open the halls since the executive session motion, duly seconded. has ended. REP. TINIO. I object, Mr. Chairman. REP. SUAREZ. Mr. Chairman. THE CHAIRMAN (Rep. Fariñas). There is THE CHAIRMAN (Rep. Fariñas). Yes, Sir. an objection, duly seconded. Let us divide the House. REP. SUAREZ. I would like to make a motion. REP. TINIO. Mr. Chairman, may I be given time THE CHAIRMAN (Rep. Fariñas). Yes, Sir, please to explain my objection? go ahead. THE CHAIRMAN (Rep. Fariñas). We have no REP. SUAREZ. I move that a resolution expressing more time. the sense of the House of Representatives not to revoke at this time Proclamation No. 216, series of 2017, REP. TINIO. According to our rules, I am allowed entitled: DECLARING A STATE OF MARTIAL time to explain my objection. WEDNESDAY, MAY 31, 2017 17th Congress 1RS v.4 • Congressional Record 9

THE CHAIRMAN (Rep. Fariñas). In plenary, yes, THE CHAIRMAN (Rep. Fariñas). The motion, but this is a Committee hearing. This is a Committee of duly seconded, is that the composition of the Committee the Whole, this is not plenary. Let us divide the House on Style will be as follows: Representatives Defensor, because under our rules, we will have to convene at Mercado and De Vera. four o’clock in the afternoon. Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. TINIO. Mr. Chairman, according to our rules, The Floor Leader is recognized. all motions are open to debate. SUSPENSION OF MEETING THE CHAIRMAN (Rep. Fariñas). Tonight, okay. The Chair will now state the motion. There was a motion REP. BONDOC. Mr. Chairman, I move that we here, duly seconded. There was a motion made by the suspend our Committee of the Whole meeting for the Minority Leader, duly seconded, that the House adopt preparation of the report. a resolution expressing its sense that it does not feel the need to revoke Presidential Proclamation No. 216 at this THE CHAIRMAN (Rep. Fariñas). The meeting is time, and expressing support to the Proclamation of the suspended. President, subject to style. There was an objection by the Gentleman from Albay, which was duly seconded It was 3:46 p.m. by Representative Tinio. We shall now divide the House. RESUMPTION OF MEETING

VIVA VOCE VOTING At 3:52 p.m., the meeting was resumed.

THE CHAIRMAN (Rep. Fariñas). As many as are THE CHAIRMAN (Rep. Farinas). The meeting in favor of the motion, duly seconded, please say aye. is resumed. The Floor Leader is recognized. SEVERAL MEMBERS. Aye. REP. BONDOC. Mr. Chairman, we are in receipt THE CHAIRMAN (Rep. Fariñas). As many as are of the report of the small committee tasked to create against, please say nay. it. I move that we approve the Committee Report as submitted to the Committee of the Whole. FEW MEMBERS. Nay. THE CHAIRMAN (Rep. Fariñas). There is THE CHAIRMAN (Rep. Fariñas). The ayes have a motion, duly seconded, for the approval of the it; the motion is lost. Committee Report. The Floor Leader is recognized. REP. LAGMAN. Mr. Chairman. REP. BONDOC. Mr. Chairman, I move for the creation of a Committee on Style which will draft the THE CHAIRMAN (Rep. Fariñas). The Gentleman report for presentation to Committee of the Whole for from Albay is recognized. its approval. I so move. REP. LAGMAN. May we know the final version … THE CHAIRMAN (Rep. Fariñas). There is a motion that a Committee on Style be created to make THE CHAIRMAN (Rep. Fariñas). Do we have the the final draft on the resolution just approved, for final version? discussions and/or amendments. Is there any objection? (Silence) The Chair hears REP. LAGMAN. … as submitted with alacrity by none; the motion is approved. the small committee by this time. The Floor Leader is recognized. THE CHAIRMAN (Rep. Fariñas). The Floor REP. BONDOC. Mr. Chairman, I move that the Leader is recognized. following be designated members of the Committee on Style: the Hon. Arthur R. Defensor Jr., the Hon. Roger REP. BONDOC. Mr. Chairman, for the benefit of G. Mercado and the Hon. Eugene Michael B. De Vera. the Members present, may I direct the Secretary General I so move, Mr. Chairman. to read the text of the final report. 10 Congressional Record • 17th Congress 1RS v.4 WEDNESDAY, MAY 31, 2017

THE CHAIRMAN (Rep. Fariñas). Please do not and safety in Mindanao, to the great damage, direct the Secretary General, but ask the Chair to do prejudice, and detriment to the people therein so. and the nation as a whole xxx” WHEREAS, on May 31, 2017, the House of REP. BONDOC. Mr. Chairman, could you kindly Representatives constituted itself into a Committee of direct the Secretary General to read the final report. the Whole House to consider the Report of the President relative to Proclamation No. 216, and heard the THE CHAIRMAN (Rep. Fariñas). The Secretary briefing by the heads of departments of the Executive General is directed to read the Resolution—please, Department; please, please, faster. WHEREAS, during the said briefing and after interpellation, the Members of the House of THE SECRETARY GENERAL, reading: House Representatives determined the sufficiency of the factual Resolution No. 1050, entitled: RESOLUTION basis for the issuance of Proclamation No. 216; EXPRESSING THE FULL SUPPORT OF THE HOUSE RESOLVED BY THE HOUSE OF OF REPRESENTATIVES TO PRESIDENT RODRIGO REPRESENTATIVES, to express full support to DUTERTE AS IT FINDS NO REASON TO REVOKE President Rodrigo Roa Duterte as it finds no reason to PROCLAMATION NUMBER 216, ENTITLED revoke Proclamation No. 216, entitled “Declaring a “DECLARING A STATE OF MARTIAL LAW AND State of Martial Law and Suspending the Privilege of the SUSPENDING THE PRIVILEGE OF THE WRIT OF Writ of Habeas Corpus in the Whole of Mindanao”. HABEAS CORPUS IN THE WHOLE OF MINDANAO.” WHEREAS, Section 18, Article VII, Executive THE CHAIRMAN (Rep. Fariñas). The Floor Department of the 1987 Constitution states, in pertinent Leader is recognized. part: “The President shall be the Commander- REP. BONDOC. Mr. Chairman, I move that we adopt... in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call REP. LAGMAN. Mr. Chairman. out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case THE CHAIRMAN (Rep. Fariñas). The Gentleman of invasion or rebellion, when the public safety from Albay is recognized. requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of REP. LAGMAN. Mr. Chairman, are we going to habeas corpus or place the Philippines or any subject this Resolution to a nominal voting so that the part thereof under martial law. Within forty- votes of the individual Members can be recorded? eight hours from the proclamation of martial law or the suspension of the privilege of the writ THE CHAIRMAN (Rep. Fariñas). No, this is just of habeas corpus, the President shall submit a a report by the Committee of the Whole. The said report in person or in writing to the Congress Resolution will be presented to the plenary where we xxx”; may conduct a nominal voting. WHEREAS, on May 23, 2017, President Rodrigo Roa Duterte issued Proclamation No. 216, “Declaring a REP. LAGMAN. When will that happen? State of Martial Law and Suspending the Privilege of the Writ of Habeas Corpus in the Whole of Mindanao”; THE CHAIRMAN (Rep. Fariñas). Today. WHEREAS, on May 25, 2017, President Rodrigo Roa Duterte submitted a Report to the House of REP. LAGMAN. Thank you, Mr. Chairman. Representatives relative to Proclamation No. 216 stating, among others: REP. BONDOC. With that, Mr. Chairman, I move “xxx after finding that lawless armed that we approve the Report of the Committee on Style groups have taken up arms and committed to the Committee of the Whole. public uprising against the duly constituted government and against the people of Mindanao, THE CHAIRMAN (Rep. Fariñas). There is a for the purpose of removing Mindanao— motion, duly seconded, for the approval of the final starting with the City of Marawi, Lanao del draft of the Resolution as presented by the Committee Sur—from its allegiance to the Government on Style to the Committee of the Whole. and its laws and depriving the Chief Executive Is there any objection? (Silence) The Chair hears of his powers and prerogatives to enforce the none; the motion is approved. laws of the land and to maintain public order The Floor Leader is recognized. WEDNESDAY, MAY 31, 2017 17th Congress 1RS v.4 • Congressional Record 11

REP. BONDOC. Mr. Chairman, we enjoin the Chair THE CHAIRMAN (Rep. Fariñas). There is a to fulfill paragraph 7, Section 138, Rule XVIII of the motion to adjourn the meeting of the Committee of House, where he is to report the action of the Committee the Whole. of the Whole to the House in plenary. Is there any objection? (Silence) The Chair hears I so move, Mr. Chairman. none; the motion is approved. The meeting of the Committee of the Whole is THE CHAIRMAN (Rep. Fariñas). The Chair notes adjourned. the manifestation of the Floor Leader. Thank you, Your Honors. We started with 135 Members, we peaked with 249 Members present in the ADJOURNMENT OF COMMITTEE MEETING Committee of the Whole. The meeting of the Committee of the Whole House REP. BONDOC. Mr. Chairman, with that, I move is adjourned. that we adjourn the meeting of the Committee of the Whole. It was 3:57 p.m.

Published by the Publication and Editorial Service, Plenary Affairs Bureau The Congressional Record can be accessed through the Downloads Center of the official website of the House of Representatives at www.congress.gov.ph ddc/07222017/1625